Vaughan v. Jeffreys
Supreme Court of North Carolina
Civil actioN, commenced in Edgeoombe County Superior Court, against C. W. Jeffreys and J. 0. Powell, April 4, 1893 ; and at April Term, 1893, of said court, H. L. Staton, Assignee of C. W. Jeffreys, and in his own right, and Geo. Howard and Donnell Gilliam came into court and by consent were made parties defendants, At October Term, 1895, J. T. Howard was permitted to interplead.
Read the full summary
Civil actioN, commenced in Edgeoombe County Superior Court, against C. W. Jeffreys and J. 0. Powell, April 4, 1893 ; and at April Term, 1893, of said court, H. L. Staton, Assignee of C. W. Jeffreys, and in his own right, and Geo. Howard and Donnell Gilliam came into court and by consent were made parties defendants, At October Term, 1895, J. T. Howard was permitted to interplead. At June Term, 1896, said action was heard by W. A. Rohe, Judge Presiding at said Term, upon the following case agreed, to-wit: “ 1. That at and prior to January 1,1891, O. W. Jeffreys, W. A. ITart and Eli Howell were…
1Opinion of the Court
FueCHBs, J.:
This case comes before us by appeal from a judgment of the court below upon a case agreed. And the interpleading plaintiff, Howard, insists that the judgment appealed from is correct and should be sustained on two grounds: First, under the doctrine of subrogation; and, secondly, under the doctrine of trusts and the right to follow the fund.
The doctrine of subrogation is entirely one of equitable origin, arid means to substitute, to put one person in the place of another, and is usually exercised where one person has become liable for or has been compelled to pay money for another.…
2Cited by4 opinions
- Baker v. American Surety Co.Supreme Court of Iowa · 1916
- American Surety Co. v. State Trust & Savings BankSupreme Court of Iowa · 1934
- Cutchin v. . JohnstonSupreme Court of North Carolina · 1897
- Randell v. FellersSupreme Court of Iowa · 1934